United States District Court, D. New Jersey
MEMORANDUM AND ORDER
G. SHERIDAN, U.S.D.J.
matter is before the Court on a motion to vacate an
arbitration award that was issued in favor of International
Brotherhood of Teamsters Local 701 (Union) by Plaintiff,
Shore Point Distribution Company (Shore Point) (ECF No. 4).
Shore Point argues the Arbitrator was presented with one
issue, and the Arbitrator's Award and remedy went far
beyond the issue agreed upon by the parties. More
specifically, the issue submitted to the Arbitrator was
“did the Company's implementation of a new loading
procedure violate the labor contract, and if so, what should
the remedy be in accordance with the contract.” In
opposition, the Union argues that the Court should not reach
Shore Point's issue because there was no final remedy or
monetary award entered by the Arbitrator, and, accordingly,
this action to vacate is premature and not ripe for
determination under the complete arbitration rule.
Point delivers beer and other beverages to retailers
throughout eight counties in central New Jersey. Its drivers
and warehouse employees are represented by the Union under a
labor agreement that expired on March 31, 2017 (the
procedural history of this case is straight forward:
According to the Arbitrator, Shore Point
. . . announced a new night shift loading procedure on
February 10, 2016, as an incentive to increase productivity.
The Union requested a meeting to discuss the new procedure,
and the parties mutually agreed to meet on March 1, 2016.
Meanwhile, on February 15, 2016, the Company unilaterally
implemented the new procedure.
procedure is set forth in a memorandum dated February 10,
2016 from William Gutierrez, Jr., Shore Point's Vice
President of Finance to Ron Lake, Secretary-Treasurer and
Business Agent of the Union. The new procedure for the night
night loading procedure
facilitate the loading of trucks the update procedure will be
• At the start of the shift the night supervisors will
divide the work into even piles based on the number of
loaders available for the evening.
• The piles will contain a summary sheet that will note
the number of cases, number of bbls, amount of full pallets
and what are the loads are being delivered to.
• The night loaders will then be able to pick the piles
based on the overall seniority of the employees.
• Once a loader has completed their assigned work they
will be paid for eight regular hours even if he has been at
work for less than eight hours.
• At management's discretion the employee will
either be released or directed to stay and continue working
if he is directed to continue working he will be immediately
begin being paid at the overtime rate.
• Management will review the procedure and adjust as
Union was not in favor of the new loading procedure because
the procedure benefited the night shift without providing any
benefit to the day shift employees. Ron Lake testified at the